Education Law Commons^™

Separating Dick And Jane: Single-Sex Public Education Under The Washington State Equal Rights Amendment, Inessa Baram-Blackwell

Washington Law Review

Single-sex education in public school systems has become increasingly popular in recent years. The Equal Rights Amendment to the Washington State Constitution (ERA) requires that males and females be treated equally where state action, such as public education, is involved. As demonstrated by the ERA's legislative history and Washington case law, the ERA prohibits differentiation on the basis of sex alone, which occurs where an individual would be treated differently in a given situation if that person were of the opposite sex. Legislative history and case law recognize two narrow exceptions to the ERA. Under the first exception, classification based …

We All Fall Down: Self-Fulfilling Prophecies And The Minority Question In China’S Educational Policies, Lauren A. Burke

East Asian Languages and Cultures Department Honors Papers

This paper does not have an abstract.

The Constitutionality Of Utah's 2005 Tuition Tax Credit Proposals, Sean W. Mullaney

ExpressO

The issue of tuition tax credits for private and religious elementary and secondary schools remains a hot button political and legal issue. While the Supreme Court’s decision in Zelman v. Simmons-Harris provided some new parameters on the validity of school choice programs, it certainly did not end both the political and legal debate. In Utah, school choice programs have yet to pass, and come up every winter in the State Legislature.

My Comment analyses the 2005 tuition tax credit proposals through two Constitutional frameworks: the Establishment Clause and the Equal Protection Clause. Traditionally, the Supreme Court has analyzed school choice …

Finding The Constitutional Right To Education In San Antonio School District V. Rodriguez, John H. Ryskamp

ExpressO

In Lawrence v. Texas, the Supreme Court abolished the scrutiny regime because it impermissibly interfered with an important fact, liberty. And yet, even in earlier cases which ostensibly upheld the scrutiny regime, it is difficult to see that the Court ever did so to the detriment of facts it considered important. In short, the Court often (always?) found itself raising the level of scrutiny for a fact in the same case it upheld the regime, leaving us to wonder if the scrutiny regime ever actually had any effect at all, or even whether the Court felt it was relevant. As …

Constitutional Lessons For The Next Generation Of Public Single-Sex Elementary And Secondary Schools, Kimberly J. Jenkins

William & Mary Law Review

Single-sex public elementary and secondary schools are making a comeback. School districts are structuring these schools in a variety of ways, including by providing a single-sex public school for only one sex or by offering single-sex schools for both sexes. These disparate structures of single-sex schools create distinct potential harms, risks, and benefits for students. This Article contends that the constitutional framework applied to single-sex schools should be systematically modified to recognize the different potential harms, risks, and benefits of these single-sex schools in a manner that will create optimal conditions for creating single-sex public schools. The proposed modifications address …

Doing The Right Thing: Disability Discrimination And Readmission Of Academically Dismissed Law Students, Lynn M. Daggett

ExpressO

The Article explores an issue with which many law schools, law students, and courts struggle. It begins with an overview of the relevant federal disability discrimination statutes, with particular attention to recent United States Supreme Court decisions that strictly interpret the “disabilities” protected by these statutes, and to recent cases in which lower courts have accordingly held that a student’s impairment is not a statutorily protected disability. As it turns out, many dismissed law students submitting documentation of a disability are not legally disabled in the first instance. The statutory overview also compares the markedly different approach of the federal …

Considering Standing, Sincerity, And Antidiscrimination, Chapin C. Cody

Working Paper Series

This Article will establish that an unrecognized norm, the “norm of sincerity,” is an implicit factor in the standing analysis in a certain class of equal protection cases. That class of cases includes equal protection claims where 1) courts have applied the “able and ready to compete” test to determine a plaintiff’s injury in fact, and where 2) the plaintiff has complained about discriminatory access to limited government resources. In those cases, a plaintiff cannot demonstrate injury in fact sufficient to meet Article III standing unless she shows that she sincerely intends to use the benefits at stake in the …

Freedom Of The Press Box: Classifying High School Athletes Under The Gertz Public Figure Doctrine, Jonathan Deem

West Virginia Law Review

No abstract provided.

Citizens Without Statehood: Denying Domicile To Fund Public Higher Education, Michael Llewellyn

West Virginia Law Review

No abstract provided.

Primary And Secondary Education

The Journal of Law and Education

No abstract provided.

Has Big Brother Moved Off Campus - An Examination Of College Communities' Responses To Unruly Student Behavior, Laura Marini Davis

The Journal of Law and Education

No abstract provided.

Universities And Other Institutions Of Higher Learning

The Journal of Law and Education

No abstract provided.

Supreme Court

The Journal of Law and Education

No abstract provided.

Universities Should Implement Internal Control Programs To Monitor Compliance With Export Control Laws, Rowena Rege

The Journal of Law and Education

No abstract provided.

Book Review

The Journal of Law and Education

No abstract provided.

Unhappy Parents Of Limited English Proficiency Students: What Can They Really Do, Eden Davis

The Journal of Law and Education

No abstract provided.

Table Of Contents

The Journal of Law and Education

No abstract provided.

Law Review Digests

The Journal of Law and Education

No abstract provided.

Is Whistleblowing Protection Available Under Title Ix?: An Hermeneutical Divide And The Role Of Courts, John A. Gray

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Transcript Of Penny Beerntsen's Speech, Penny Beerntsen

Cardozo Public Law, Policy & Ethics Journal

The transcript recounts Penny Beernsten's harrowing experience of being assaulted and mistakenly identifying Steven Avery as her assailant, leading to his wrongful conviction and imprisonment for 18 years. The speech underscores the fallibility of eyewitness testimony and the devastating consequences of such errors in the criminal justice system. It highlights the importance of reforming eyewitness identification procedures and the role of DNA evidence in exonerating the wrongly convicted.

Private Choices, Public Consequences: Public Education Reform And Feminist Legal Theory, Verna L. Williams

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

Cardozo Journal of International and Comparative Law

This Article analyzes the role of U.S. law schools in educating foreign law graduates and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This Article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at thirty five U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the Article considers the responses of U.S. law schools to new competition …

Intellectual Property And The Development Divide, Margaret Chon

Cardozo Law Review

No abstract provided.

Urban Legends, Desegregation And School Finance: Did Kansas City Really Prove That Money Doesn’T Matter?, Preston C. Green

ExpressO

This article examines whether conservative critics are correct in their assertion that the Kansas City, Missouri School District (KCMSD) desegregation plan clearly establishes that no correlation exists between funding and academic outcomes. The first section provides a summary of public education in the KCMSD prior to 1977, the beginning of the Missouri v. Jenkins school desegregation litigation. The second and third sections analyze whether the Jenkins desegregation and concurrent school finance litigation (Committee for Educational Equality v. State) addressed these problems. The fourth section provides an overview of school finance litigation and explains how the KCMSD desegregation plan has been …

Law In The Cultivation Of Hope, Kathryn R. Abrams, Hila Keren

ExpressO

In recent years scholars have begun to question the longstanding dichotomization of (legal) reason and the passions, and have offered significant understanding of the connection of law and the emotions. Much of this work, however, has been done within a fairly narrow ambit. This Article seeks to broaden this scholarship in two ways. First, it points to an unexplored relation between law and the emotions: the role of law in cultivating the emergence of emotions. And second, it moves beyond the negative emotions, and directs attention to positive emotions and their interplay with the law outside the criminal context. Following …

Brief Of Respondents, Arlington Central School District Board Of Education V. Murphy, No. 05-18 (U.S. Mar 28, 2006), Jillian M. Cutler, David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Multiracial Identity And Affirmative Action, Nancy Leong

ExpressO

No abstract provided.

Fuck, Christopher M. Fairman

ExpressO

This Article is as simple and provocative as its title suggests: it explores the legal implications of the word fuck. The intersection of the word fuck and the law is examined in four major areas: First Amendment, broadcast regulation, sexual harassment, and education. The legal implications from the use of fuck vary greatly with the context. To fully understand the legal power of fuck, the nonlegal sources of its power are tapped. Drawing upon the research of etymologists, linguists, lexicographers, psychoanalysts, and other social scientists, the visceral reaction to fuck can be explained by cultural taboo. Fuck is a taboo …

A Fighting Chance: Race Conscious Admissions, Social Science, And The Law, Crystal R. Gafford Muhammad

ExpressO

This paper explores whether the employment of expert witnesses increase the likelihood for college and university defendants in race conscious admissions suits. As the expenditures of the University of Michigan on expert witnesses throughout the course of the Michigan cases were considerable, it is appropriate to assess, in a pragmatic sense, the degree to which such expenditures are warranted. I find that while the overall legal developments in the area of race conscious admissions suggest that plaintiffs are more likely to win these suits, where most defense victories have been made, social science evidence was presented. In effect, social science …

An Analysis Of The Contemporary Role Of Social Science In The Law: The Case Of Race Conscious Admissions, Crystal R. Gafford Muhammad

ExpressO

The present inquiry focuses on the role of social science evidence contemporarily, using observations from judicial opinions in race conscious admissions cases. Using a set of judicial opinions from K-12 voluntary desegregation and higher education affirmative action in admissions, I use legal and statistical analysis to argue that social science data presented into evidence does not affect the outcomes of court cases involving normative subject matters, such as those involving race. I find judicial political affiliation to be the greatest predictor of opinions in this area of law. However, the question is not whether social science evidence is influential or …